diamond capital management- mgt agreement & new acct forms

7/31/2019 Diamond Capital Management- Mgt Agreement & New Acct Forms

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Welcome & Check List

Thank you for choosing Diamond Capital Management. We appreciate the amount of time and

thought that inevitably went into your decision. We encourage you to contact us with your

questions, concerns or suggestions. We firmly believe that an open dialogue strengthens thepartnership between Diamond and our investors.

In order for an account to be managed by Diamond, you must complete the following forms. Inaddition, you must instruct your brokerage to create or assign an account for Diamond Capital

Management to use when trading. If you do not currently use a brokerage or are unsure how to

proceed, please contact us for additional help.

Necessary Forms:

_____ Client Questionnaire (Pages 2-4)_____ Advisory Agreement (Pages 5-7)

_____ Disclosure Document Acknowledgement (Page 8)

_____ Fee Payment Authorization (Page 9)

Diamond Capital Managements Privacy Statement (Page 10)

Completed forms may be sent to your broker. Also a copy should be emailed or mailed directly

to Diamond Capital Management:

Diamond Capital Management LLCW252N4915 Aberdeen Drive

Pewaukee, WI 53072

(262) 691-9144

[email protected] [email protected]

Diamond Capital Management LLCW252N4915 Aberdeen DrivePewaukee, WI 53072(262) [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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W252N4915 Aberdeen Drive

Pewaukee, WI 53072(262) 691-9144

New Client Forms: 1

Client Questionnaire

THIS INFORMATION IS STRICTLY CONFIDENTIAL AND IS REQUIRED PURSUANT TO NFA RULE 2-30.Customer One

Name: __________________________________________________________________

Address: ____________________________________________________________

____________________________________________________________

____________________________________________________________

Telephone: HOME: _________________

FAX: _________________

WORK: _________________

e-mail: ____________________________________________________________

Employer: ____________________________________________________________

Occupation: ____________________________________________________________

Birth date: ____________________________

Net Worth: ____________________________

Annual Income:___________________________

Prior Investment Experience (please indicate the number of years for each category)

STOCKS/OPTIONS _____ FUTURES/OPTIONS ______ BONDS ______ OTHER ______

Are you a member of the NFA, or registered with the NFA or CFTC? ___________

If yes, enter your registration number and type: ______________________________

Do you currently or did you in the past have commodity accounts with any brokerage firms?

_________

If yes, please identify firms and approximate dates:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Have you ever been involved in any litigation, arbitration proceedings, disputed accounts or

other unresolved matters with any commodities or securities firm? ___________

If yes, please supply details on a separate sheet, including names of parties involved and

dates.


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Pewaukee, WI 53072(262) 691-9144

New Client Forms: 2


THIS INFORMATION IS STRICTLY CONFIDENTIAL AND IS REQUIRED PURSUANT TO NFA RULE 2-30.Customer Two (only for joint accounts)

Name: __________________________________________________________________

Address: ____________________________________________________________

____________________________________________________________

____________________________________________________________

Telephone: HOME: _________________

FAX: _________________WORK: _________________

e-mail: ____________________________________________________________

Employer: ____________________________________________________________

Occupation: ____________________________________________________________

Birth date: ____________________________

Net Worth: ____________________________

Annual Income: ___________________________

Prior Investment Experience (please indicate the number of years for each category)

STOCKS/OPTIONS _____ FUTURES/OPTIONS ______ BONDS ______ OTHER _____

Are you a member of the NFA, or registered with the NFA or CFTC? ___________

If yes, enter your registration number and type: ______________________________

Do you currently or did you in the past have commodity accounts with any brokerage firms?

_________

If yes, please identify firms and approximate dates:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Have you ever been involved in any litigation, arbitration proceedings, disputed accounts or other

unresolved matters with any commodities or securities firm? ___________

If yes, please supply details on a separate sheet, including names of parties involved and dates.


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Pewaukee, WI 53072(262) 691-9144

New Client Forms: 3


Type of Account:

_____ INDIVIDUAL _____ TRUST _____ JOINT, WROS OR TC

_____ CORPORATE _____ IRA _____ PARTNERSHIP _____ OTHER

If other, please specify: ________________________________________________________

Signatures:

I/we certify that the information provided herein is true, correct and complete, and that

this investment and the associated risk is suitable for me/us.

____________________________________________________ __________________________

(Signature) (Date)

____________________________________________________ __________________________

(Signature, if joint account) (Date)


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5

MANAGEMENT AGREEMENT

This Customer Agreement and Trading Authorization is made and entered into as of the date set forth at the

end of this Agreement by and between Diamond Capital Management, (Diamond), and the undersigned

customer(s). This agreement is entered into based upon the following representations:

The client represents the he/she has speculative capital for the principal purpose of investing in options on

futures and futures contracts and has been informed and is fully cognizant of the possible high risks

associated with such investments.

IT IS MUTUALLY AGREED THAT:

The client shall deposit the sum set forth at the end of this Agreement in a commodity trading accountestablished and maintained with the futures commission merchant (FCM) named at the end of this

Agreement.

The Advisor will trade options on futures and futures contracts and will have the exclusive authority to issue

all necessary instructions to the Broker. All such transactions shall be for the account and risk of the Client.

The Advisor will seek capital appreciation in the Clients Account by trading speculatively in options on

futures and futures.

This Agreement shall remain in effect until terminated by the receipt of written notice of either party to theother. All such notices will become effective within 15 business days once acknowledged by the Advisor.

The Advisor or Client may terminate this Agreement for any reason upon such notice. Upon termination of

this Agreement, open positions held by an account will be closed as promptly as possible subsequent to theacknowledgment of the request.

The Advisors recommendations and authorizations shall be for the Account and risk of the Client. The

Advisor makes no guarantee that any of its services will result in a profit to the Client. The Client has

discussed the risks of futures trading with the FCM and understands those risks. The Client assumes the

responsibility of losses that may be incurred.

The Client agrees to execute a Limited Trading Authorization and Power of Attorney with his/her FCMauthorizing the Advisor to enter orders for Commodity Interests for the Clients Account.

The Client recognizes that the Advisor will transmit orders on the Clients behalf to the FCM but will not

directly execute such orders. The Advisor shall not be responsible for any acts, omissions, or errors of the

FCM or any other executing broker in executing such orders.

The Client acknowledges that the Advisors strategies and trades constitute proprietary data belonging to the

Advisor and agrees that neither it nor any of its affiliates will disseminate any confidential information

regarding any of the foregoing, except as required by law, and any such information as may be acquired by

the Client or such affiliates is to be used solely to monitor the Advisors performance on behalf of the Client.

The Client agrees that any and all portfolio position reports, performance information and other confidentialor proprietary information distributed to the Client by Diamond Capital Management must be held in

confidence by the client and may not be disclosed to any third party or used by the Client or any third party

to whom the Client discloses such information for any purpose other than to monitor the Clients account

with Diamond

Diamond Capital Management, LLCW252N4915 Aberdeen DrivePewaukee, WI 53072(262) 691-9144


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The Client agrees to authorize payments from the Clients Account to the Advisor in compensation for

services as set forth in this agreement.

The Client acknowledges that he has read a copy of the Advisors most current Disclosure Document,including the Risk Disclosure Statement. The Advisor makes no guarantee that any of its services will resultin a gain for the Client. The Advisor will not be liable to the Client or to others except by reason of actsconstituting willful malfeasance or gross negligence as to its duties herein, and disclaims any liability for

human or machine errors in orders to trade or not to trade Commodity Interests.

In the event that any provisions of this Agreement are invalid for any reason whatsoever, all other conditions

and provisions of the Agreement shall, nevertheless, remain in full force and effect.

The Client will pay the Advisor as compensation for advisory services a quarterly management and a

quarterly incentive fee mutually agreed upon and set forth at the end of this Agreement. The Advisor will

bill all fees with the billing sent directly to the FCM to be paid out of the Clients account. The Advisor

reserves the right to negotiate different fees for different clients and to share any portion of these fees withthird parties in accordance with regulatory and industry standards. The quarterly management and quarterlyincentive fees are calculated and defined as follows:

Quarterly Management Fees

Diamond Capital Management will charge a quarterly management fee. The management fee will be

accrued monthly as a percentage of the Net Asset Value of the clients account at the end of each month.

The management fee will be calculated prior to any incentive fee being subtracted from the account. If a

client withdraws from the Program on a date other than at the end of a quarter, management fees will becalculated and billed as if such termination were the end of the month and pro-rated to the number of months

actually traded in that quarter. Where an account is partially funded, the quarterly management fee shall be

taken as a percentage of the accounts nominal size, defined as the dollar amount that the Advisor and itsclients have agreed in writing will determine the level of trading in an account regardless of the actual assetson deposit with the FCM.

Quarterly Incentive Fee

The quarterly incentive fee is taken as a percentage of New Net Trading Profits. New Net Trading Profits are

computed using the formula: (1) gross realized profit and loss during the period plus (2) the change in net

unrealized profit and loss on open positions as of the end of the period, minus (1) all brokerage commissions

and transaction fees and charges paid or accrued during the period and (2) cumulative net loss, if any, carriedover from other periods. The carryover of previous loss makes certain that incentive fees are paid only on

the cumulative increases in the net gains of an account. It should be noted that the full loss is not carried overthe next quarter in an instance where there has been a partial withdrawal of funds. In such a case, the portion

of the loss attributable to the withdrawn amount is first subtracted from the carryover loss. In addition, if an

account does not have New Net Trading Profits in a given quarter, no incentive fee will be due to the Advisor

unless and until the account experiences New Net Trading Profits in a subsequent quarter. The amount of theincentive fee due to the Advisor, if any, will be determined independently with respect to each quarter, and

the amount of any such fee paid will not be affected by subsequent losses experienced in a participating

customers account. Incentive Fees will be accrued monthly, subject to reversal in the event of trading losses

prior to the end of a calendar quarter. In the event of a withdrawal other than as of a quarter-end, any

accrued Incentive Fees with respect to such redeemed assets will be paid to Diamond as if such date ofwithdrawal were a quarter-end.

By depositing funds with the FCM, the Client acknowledges and accepts the propriety of the Advisors

trading program and his suitability to bear economic risk of loss in commodity trading in Commodity

Interests.


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IN WITNESS WHEREOF, the parties have executed this Agreement as of the _______ day

of__________, 201___.

Advisor: DIAMOND CAPITAL MANAGEMENT

____________________________________________

Principals Signature (Diamond Capital)

________________________________ ________________________________Clients Name Name of FCM(Please Print)

_________________________________ _______________________________First Clients Signature Date Amount of Initial Deposit with FCM

___________________________________ ________________________________Clients Address Management / Incentive Fee

___________________________________ ____________________________________Trading Program Designation

___________________________________Clients Telephone number

If a joint account:

___________________________________Second Clients Name (Please Print)

___________________________________Second Clients Signature Date

___________________________________Second Clients Address

___________________________________

___________________________________Second Clients Telephone number


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W252N4915 Aberdeen DrivePewaukee, WI 53072

(262) 691-9144

CUSTOMER ACKNOWLEDGMENT OF RECEIPT OF

DISCLOSURE DOCUMENT

The undersigned client(s) (Client) hereby acknowledges receipt of the Trading Program and Risk

Disclosure document of Diamond Capital Management, LLC, dated _________________. Clienthas read and understands the document and has carefully considered the risks outlined therein.

___________________________________________________Clients Name (Please Print)

____________________________________________________Clients Signature Date

If a joint account:

___________________________________________________Second Clients Name (Please Print)

_____________________________________________________Second Clients Signature Date


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(262) 691-9144

FEE PAYMENT AUTHORIZATION

TO: __________________________________________________Name of FCM

The undersigned client(s) (Client) hereby authorizes the FCM named above to deduct from

Customers commodity trading account with the FCM and remit directly to Diamond CapitalManagement, LLC. within five business days following the FCMs receipt of Diamond Capital

Managements bill, such management fees and/or incentive fees as shall become due and owing toDiamond Capital Management under the terms and conditions of the Customer Agreement and

Trading Authorization between Diamond Capital Management and the Customer.

Customer acknowledges Customers ongoing responsibility to review regularly all customeraccount records and statements from the FCM and from Diamond Capital Management since such

records will be conclusive and binding on Customer unless a prompt written and/or verbal

objection from Customer is received by the FCM or Diamond Capital Management, as the casemay be.

___________________________________________________

Clients Name (Please Print)

____________________________________________________

Clients Signature Date

If a joint account:

___________________________________________________

Second Clients Name (Please Print)

_____________________________________________________

Second Clients Signature Date


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(262) 691-9144

PRIVACY STATEMENT

Pursuant to the Commodity Futures Trading Commissions new rules, financial institutionslike Diamond Capital Management are required to provide privacy notices to their clients.We at Diamond Capital Management consider privacy to be fundamental to ourrelationship with our clients. We are committed to maintaining the confidentiality, integrityand security of our current and former clients non-public information. Accordingly, wehave developed internal polices to protect confidentiality while allowing clients needs tobe met.

We will not disclose any non-public personal information about clients, except to ouraffiliates and service providers as allowed by applicable law or regulation. In the normalcourse of serving our clients, information we collect may be shared with companies thatperform various services such as our accountants, auditors and attorneys. Specifically, wemay disclose these service providers non-public personal information including:

Information Diamond Capital Management receives from clients on managedaccount agreements and related forms (such as name, address, Social Security/Taxidentification number, birth date, assets, income and investment experience); and

Information about clients transactions with Diamond Capital Management (suchas account activity and account balances).

Any party that receives this information will use it only for the services required and asallowed by applicable law or regulation, and is not permitted to share or use thisinformation for any other purpose. To protect the personal information of individuals, wepermit access only by authorized employees who need access to that information toprovide services to our clients and us. In order to guard clients non-public personalinformation, we maintain physical, electronic and procedural safeguards that comply withthe U.S. federal standards. If the relationship between a client and Diamond CapitalManagement ends, Diamond Capital Management will continue to treat clients personalinformation as described in this notice. An individual clients right to privacy extends to allforms of contact with Diamond Capital Management, including telephone, writtencorrespondence and electronic media, such as email messages via the Internet.

Diamond Capital Management reserves the right to change this privacy notice, and toapply changes to information previously collected, as permitted by law. Diamond CapitalManagement will inform clients of any such changes as required by law.

Any questions regarding this Privacy Statement should be directed to M. Kelly Farrell, at(262) 691-9144 or [email protected] [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

diamond capital management- mgt agreement & new acct forms

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